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Wednesday, June 29, 2011

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  • singhv_1980
    05-09 06:38 PM
    I am on H1B with this company A for the past 2 years. Suddenly/shockingly, due to some unavoidable circumstances, the company is on verge of financial trouble for a short period of time. In case the company does not get some bridge funds, it will shut off its business for 30 days and all the employees will go on UNPAID vacation for that duration. It is not the termination of services or jobs but a temporary absence until company gets some more fuel in the tank.

    I am not sure if this will have any effect on my status or not. Again, its not a termination but a temporary leave (for all the employees) without pay for 30 days.

    Your opinions are highly appreciated!!!





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  • belmontboy
    09-08 03:58 PM
    Hi All,
    I am currently on h1b Visa.My visa will be expires by end of Sep 2010.And I am not working
    since June.My husband is on H1b.So I am planning to change my status to H4 visa.What is the procedure for conversion.Please advice on that.

    -Vani

    file I-539 with USCIS.

    its easy and simple process: USCIS - Application To Extend/Change Nonimmigrant Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D)





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  • Leo07
    10-13 05:59 PM
    Good Luck all the way.





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  • BMS1
    11-01 09:57 AM
    If you file the extension before expiry of the current I-94, you will be OK. It can be approved even after the expiry. She will be considered to be legally present without gap, if extension is granted.



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  • indigokiwi
    03-14 02:34 PM
    Is this still an issue?

    Seems like it is still an issue.

    "By week�s end, Congress is expected to (again) re-up funding for the federal government to (again) avert a government shutdown � for another three weeks.

    Congress is slated to approve a three-week spending measure over the next few days that would extend a March 18 deadline to keep the government�s lights on until April 8. In the meantime, lawmakers hope they can agree on a longer-term continuing resolution through September when this fiscal year ends."

    The link is here (http://firstread.msnbc.msn.com/_news/2011/03/14/6268162-with-another-short-term-budget-bill-on-horizon-patience-dwindles).





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  • singhsa3
    04-24 08:34 AM
    What was your I-485 receipt date (Note: I am not asking for your PD)
    Guys,
    I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
    Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
    Do you recemmend me to call service center or go for infopass?

    Thanks.



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  • prioritydate
    08-14 08:09 PM
    I was just wondering if they stall the 485 processing once they issue an RFE on EAD. Would they hold the case in abeyance or are these two mutually exclusive.
    Btw, am not sure of the reason for RFE yet.

    Has anyone had their 485 approved with an RFE pending on EAD or AP?

    EB2-I
    PD: June 2004
    I140 Approved: Aug 2006
    485 RD: July 26, 2007
    RFE on EAD: Aug 6, 2008


    What's RFE about?





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  • pasa0202
    12-10 03:31 PM
    Hello Attorney,

    Is my perm valid if I am out the US without H1 B status? OR

    Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?

    Here is my situation:

    -My I140/I485 got denied -- in Aug 2009
    -I got 9th H1B extension which is valid till Apr 2010
    (As I know after Apr 2010 that I am not eligible to get extensions)
    -My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
    -My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.

    My question to the attorneys:

    If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
    Or
    Do I need to wait 1 year to get the new H1B for 3+3 years?

    I really appreciate your suggestions.



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  • pmandappa
    10-25 10:54 AM
    I have a PD of April 2008 in the EB2-I category, but am exploring the option of switching to EB1 if possible. I am a clinical psychologist, working in a not-for-profit agency. What are my chances? Does it depend more on the case itself or a really good lawyer who can present your case in the best way it can be presented? This is a really stressful situation because my husband's H1-B runs out next summer and we cannot live here on just my income. Any feedback?





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  • ameryki
    01-08 02:36 PM
    US rolls out new online visa form in India

    By IANSJanuary 6th, 2010
    NEW DELHI - With the demand for US visas surging by the day, the US embassy and its consulates in India have introduced a new online non-immigrant visa (NIV) application form to cut out needless delays.


    The DS-160 form will be online on the website of the US embassy from Jan 19. For all NIV visa appointments starting Feb 1, applicants will need to fill out the DS-160 form, the US embassy said here Wednesday while announcing the introduction of the new form.

    The new form, that leverages new technologies, is expected to cut processing delays as applications could be pre-processed and pre-screened before an applicants interview.

    Applicants will continue to complete visa application forms online, as they did previously with the Electronic Visa Application Form, the embassy said.

    The demand for American visas has been escalating in India over the years.

    The four US consulates in the country had processed 725,000 visas in 2007 - a 58 percent increase from 2006.

    India is among the top 10 countries sending visitors to the US.

    Below is more update

    http://kolkata.usconsulate.gov/wwwhipr010610.html


    http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/US-visa-seekers-cautioned-against-touts/articleshow/5420838.cms



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  • surhyn
    05-02 10:48 AM
    Recently my employer written a mail saying that he is closing the company and said to look for new employer.Previously i am working through a middle layer.When i found new employer he directly approached main vendor regarding contract.Now i am working without middle layer.Mean while middle layer hold my 45 days pay .The middle layer is not willing to pay.It is almost 8 months.I worked more than 20 months through middle layer.Can i get my money back?The middle man Threatening saying there is contract which you cannot go and it is breach.Can you please advise.





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  • GC_Applicant
    07-15 04:17 AM
    Found this interesting information on the shusterman.com.

    "The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."

    Complete article can be found in:
    http://www.shusterman.com/feb05.html


    Any updates or insights into the above article....

    Contribution so far: $50.



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  • akkakarla
    08-05 05:38 PM
    I am having a proiblem with the I140 approval and I485 visa requested in wrong category. My Labor Certification is filed in EB3( BS with 2 plus years of experience). The company does not want to take risk hence filed in EB3 category.
    After the labor certification is approved I filed my I140 in EB2 with the appropriate documentation qualifying for the upgraded/change position with additional skills and my I140 got approved in EB2 and the approval has 203 (b) 2.
    After filing I485, interview is scheduled and the officer satisfied that the documents are sufficient and I am approveable the Immigration Officer requested visa number and came back saying no visa number is available hence we need to wait. At the time of interview(Ocotber 2005) both EB3 and EB2 are retrogressed. The officer did not give any sort of documents hence did not know anything such what category he requested what code did he use.
    In July 27th the Immigration Officer mentioned that the previous officer requested the visa number in EB3(E37). I spoke with an attorney who said that it is possible to change and hence taken the steps to correct the error/mistake of wrong EB Category.Because of this wrong category I did not get visa number.
    What are my chances that the USCIS goes back and corrects the error and put back in EB2 and request number in E21 or E26.I already sent the letters of my I140 approval, receipt of I140. What process should I take apart from reaching out CIS Ombudsman, Congresswoman,Senator,self letter addressing to the USCIS about the error and the potential long waiting periods for no fault of mine.
    Any suggestions?





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  • greatzolin
    08-28 03:40 PM
    those two who got RN please give us you details so we can add you to the list and compare note.

    Thanks in advance for the info.

    salud



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  • vayumahesh
    03-12 12:28 PM
    Here you go ... (for INDIA and Most Other Countries)

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)

    Immigrant Visas

    Cut-Off Dates for Immigrant Visas
    We are pleased to announce the April 2010 cut-off dates for immigrant visas for individuals born in India and those born in most other countries.

    To qualify for an appointment, an applicant's priority date (the date that the petition was filed) must fall before the cut-off date for the appropriate category.

    The following numbers are derived from the Department of State's Visa Bulletin. If you have additional questions about cut-off dates and your case is being processed at the U.S. Consulate General in Mumbai, please e-mail us or call us at +91-22-2363-7407 between 2 and 4 p.m. IST.



    Category India Most Other Countries
    F1 8 July 2004 8 July 2004
    FX 1 Jan 2005 1 Jan 2005
    F2A 1 June 2006 1 June 2006
    F2B 1 March 2002 1 March 2002
    F3 22 May 2001 22 May 2001
    F4 1 March 2000 1 March 2000
    E1 Current Current
    E2 1 February 2005 Current
    E3 8 September 2001 1 February 2003
    EW 1 June 2001 1 June 2001
    E4 Current Current
    E4-Religious Current Current





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  • bharat2008
    02-09 10:36 AM
    Thank you Elaine .My PD is 2008 EB3.



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  • Cathy_P
    February 18th, 2005, 07:53 PM
    I think that this would look good...cropped down to at least half the sky that is there...sharpen more..converted to sepia.

    Ead And Ap Application Rejected [Archive] - Immigration Voice

    View Full Version : Ead And Ap Application Rejected






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  • logiclife
    07-06 04:49 PM
    There is a policy for accepting asylees from Cuba and allowing them to seek permenant residency.

    Its called the wet feet/dry feet policy. See Here on wikipedia (http://en.wikipedia.org/wiki/Wet_Feet/Dry_Feet_Policy)

    The wet feet, dry feet policy (sometimes called the wet-foot, dry-foot Policy) is the name given to a consequence of the 1995 revision of the Cuban Adjustment Act of 1966 that says, essentially, that anyone who fled Cuba and got into the United States would be allowed to pursue residency a year later. After talks with the Cuban government, the Clinton administration came to an agreement with Cuba that it would stop admitting people found at sea. Since then, in what has become known as the "wet feet, dry feet" policy, a Cuban caught on the waters between the two nations, "wet feet", would summarily be sent home or to a third country. One who makes it to shore, "dry feet", gets a chance to remain in the United States, and later would qualify for U.S. citizenship.


    You better carry a nice towel with you when you come back from Cuba and make sure your feet are dry when apprehended by coast guard. And make sure you dont end up getting kidnapped and killed in Cuba, coz they really dont have very nice law enforcement.





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  • WeShallOvercome
    07-27 01:54 PM
    See this from FAQ1 released by USCIS itself


    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.


    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf


    I think you'll only lose 1-2 weeks as far as your RD is concered..





    Rocky4884
    05-26 04:41 PM
    Thanks & appreciate your prompt response...





    LookingForGC
    03-08 05:32 AM
    I am in same boat too. I thought of posting this question but i dont know how to.

    Is anyone help me how to post a forum here or thread or question? Appreciated your help on this and ofcourse for any answer about AC21.

    I read lot about AC21 here and other forums as well. Thanks to everyone.



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